Sedona Leaf, LLC v. U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust
The Sixth District reversed a summary final judgment of foreclosure, holding a genuine issue of material fact existed as to U.S. Bank's standing to enforce a lost note. To re-establish a lost note under section 673.3091, the enforcing party must prove an unbroken chain of assignments establishing ownership; here the record showed BOA's sale to an intermediate entity but no evidence that the note was ever placed into the trust or conveyed to U.S. Bank, and counsel's hearing 'elaboration' could not cure the evidentiary gap.
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